State v. Deen

HILL, Justice.

[T1] Dustin Deen was arrested and charged with delivery of and possession with intent to deliver a controlled substance. He filed a motion to suppress the evidence seized during a search of his home, claiming the search was invalid because the warrant was served after 10 p.m. in violation of W.R.Cr.P. 4l(c). The district court agreed and granted the motion. The State filed a petition for writ of review or certiorari in this Court, claiming the district court erred in granting the motion to suppress without first determining whether the violation of Rule 41 constituted…